Updating an Article About the DC Circuit Court in a Trump Case
In the Jan 6 election case the appellate panel is being proactive on the issue of jurisdiction
A few days ago I published an article talking about a recent amicus brief by an entity called American Oversight in the Trump Jan 6 election interference case.
In that piece I suggested it was likely that the court would want to hear from the parties about that issue at the oral argument set for January 9th, as it was not something raised in the briefing — but was clearly a serious issue to be addressed.
In short, the argument (about jurisdiction, though there are other issues raised in the amici as well) goes that under still hale Supreme Court authority, the court does not actually have jurisdiction to entertain Trump’s motion at this time, and the case should be remanded to the US District Court for trial proceedings.
Just today, the DC Circuit issued this order:
Given the very persuasive analysis of the issue by American Oversight, and the fact that the controlling SCOTUS case (opinion by Justice Antonin Scalia…
